City of Brookhaven
Georgia

Agenda Item
3025
Approved with Condition
Apr 18, 2018 7:00 PM

ZBA17-72: Ashton Atlanta Residential LLC - to Reduce the Front Yard Setback from 35 Feet to 25 Feet Along All Public Street Frontages; to Reduce the Rear Yard Setback from 60 Feet to 30 Feet; Delete the Transitional Buffer Zone; Reduce the Front Yard Setbacks from 30 Feet to 10 Feet for Single Family Detached Lots; to Reduce the Rear Setback from 30 Feet to 20 Feet for Single Family Detached Lots - 1330 North Druid Hills Road

Information

Department:Community DevelopmentSponsors:
Category:Variance

Meeting History

Feb 21, 2018 7:00 PM Video Zoning Board of Appeals Regular Meeting

Staff recommends withdrawal of the request to reduce the rear yard from 60 feet to 30 feet, and approval conditional of the remaining requests.

Jessica Hill, speaking on behalf of the applicant, reviewed several revisions including a proposed park area and a right turn lane off of Briarwood Road and North Druid Hills Road. An affordable housing component was also included which consisted of several manor homes, and walking trails were also included in the proposed development. Mike Busher, also speaking on behalf of the applicant, highlighted the inclusion of two acres of open space to address concerns raised by neighbors in the surrounding area. Mr. Busher reiterated the desire to seek board approval and reserved the remaining speaker time for rebuttal.

Public comment opened.

Speakers in opposition:

Terrell Carstens, Oostanaula Drive

Michael Williams, 2362 Logan Circle

Tony Bonno, Logan Circle

Kimberly D. Posey

Jen Heath

Mr. Nama motioned to extend speaker time an additional two minutes for all parties, and Mr. Clockadale seconded. The vote was unanimously approved.

Ms. Hill noted the zoning category of the subject property was not a part of the variance requests, and the proposed development offered a large open space that would serve as a buffer zone. Mr. Busher also reiterated the plans for the proposed development were open to the public from the beginning of the process, and the concerns of residents and neighbors in the surrounding area were taken into consideration.

Public comment closed and board discussion began.

Discussion ensued related to the transitional buffer request, and Ms. Hill summarized the request was needed for grading in the undisturbed buffer even though no structures would be built in that area. Mr. Busher summarized the site plan was based on recommendations from city staff, public input, and city council members. It was also noted the definition of affordable housing was determined by direction from city council. Board members discussed whether the site plan could be further revised to address concerns related to the proposed development.

Board discussion closed.

Mr. Nama motioned to withdraw the request to reduce the rear yard setback from 60 feet to 30 feet, and Ms. Bawcom seconded. The vote was unanimously approved.

Mr. Self motioned to deny the request to reduce the front yard setback from 35 feet to 25 feet along all public street frontages, and Mr. Nama seconded. The motion passed 4-2, with Mr. Beardsley and Mr. Clockadale voting against the motion.

Mr. Nama motioned to approve to delete the transitional buffer zone, and Mr. Self seconded. The motion tied 3-3, with Mr. Self, Mr. Clockadale, and Ms. Miller voting against the motion.

Mr. Busher requested a deferral to further revise the site plan and to address concerns raised by board members and neighbors in the surrounding area.

Mr. Clockadale motioned to reconsider variance #1, and Ms. Bawcom seconded. The motion passed 5-1, with Mr. Self voting against the motion.

Mr. Clockadale motioned to defer ZBA17-72 for 60 days to the April 18 meeting, and Ms. Bawcom seconded. The vote was unanimously approved.

Mr. Nama motioned for a 5 minute recess, and Mr. Self seconded. The vote was unanimously approved.

RESULT:DEFERRED [UNANIMOUS]
MOVER:JD Clockadale
SECONDER:Hope Bawcom
AYES:Tim Nama, Caitlin Miller, Corey Self, Hope Bawcom, Jed Beardsley, JD Clockadale
ABSENT:Gillian O'Nan
Apr 18, 2018 7:00 PM  Zoning Board of Appeals Regular Meeting

Mr. Self recused himself from ZBA17-72.

Staff recommends withdrawal of request #2 and #5, and approval conditional of the remaining requests.

Carl Westmoreland, speaking on behalf of the applicant, reviewed the request and noted revisions to the original site plan. Revisions included deleting the front yard setback reduction along Briarwood Road, reducing the proposed building improvements on the front yard setback along Sylvan Circle, reduced proposed building improvements into the front yard setback along North Druid Hills Road, deleting the variance request to reduce the rear yard setback of detached single-family lots from 30 feet to 20 feet, and adding a natural path within the open space area on the rear of detached single-family lots. Mr. Westmoreland reserved the remaining speaker time and reiterated the desire to seek board approval.

Mr. Nama motioned to re-open public comment, and Mr. Clockadale seconded. The vote was unanimously approved.

Public comment opened.

Speakers in support:

Steve Cook, 4525 Conway Drive

Robert Dunn, 4129 Talbot Way

Speakers in opposition:

Terrell Carstens, Oostanaula Drive

Chad Boles, 2291 Coosawattee Drive

Tony Bonno. 2358 Logan Circle

Julia H., 1416 Sylvain Circle

Pierre Beuret, 2208 Reserve Drive

Public comment closed and board discussion began.

Discussion ensued as to why a site plan without variance requests was not submitted per the request from board members at a previous hearing. Mike Busher, also speaking on behalf of the applicant, summarized that the conditional approval of RZ17-05 from the City Council and the Planning Commission made it difficult to submit a site plan without variance requests. It was also noted that the approval of RZ17-05 had placed 41 conditions on the subject property and any proposed development. Board members discussed whether the hardships presented were sufficient for board approval, and whether the hardships were self-imposed by the applicant. Chris Balch, city attorney, reiterated that approval of RZ17-05 had placed restrictions on the subject property and the proposed development, and the variance requests presented to the board were the result of multiple negotiations between the applicant, the city, and residents in the surrounding area. Ray Smith, attorney for the ZBA, also agreed with Mr. Balch's position.

Board discussion closed.

Mr. Nama motioned to withdraw variance request #2 & #5 for ZBA17-72, and Ms. O'Nan seconded. The vote was unanimously approved.

Mr. Nama motioned to approve variance #3 with conditions, and the additional condition below. Ms. O'Nan seconded, and the vote was approved 4-2 with Mr. Marsden & Ms. Miller voting against the motion. The additional condition reads as follows:

8. All stormwater retention shall be located underground.

Mr. Nama motioned to approve variance #4 for ZBA17-72 with conditions, and Ms. O'Nan seconded. The motion tied 3-3 resulting in a de facto denial, with Mr. Marsden, Ms. Miller, and Ms. Bawcom voting against the motion.

Ms. Miller motioned to deny variance #1 for ZBA17-72, and Mr. Clockadale seconded. The motion passed 5-1, with Ms. O'Nan voting against the motion.

RESULT:APPROVED WITH CONDITION [4 TO 1]
MOVER:Tim Nama
SECONDER:Gillian O'Nan
AYES:Tim Nama, Gillian O'Nan, Hope Bawcom, JD Clockadale
NAYS:Caitlin Miller